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Tag Archives: Fourth Department

Fourth Department — Unpaid Vacation Time: Marchionda v. Industrial Board of Appeals of the State of New York, Dept. of Labor

Appellate Division, Fourth Department Unpaid Vacation Time Accurate Payroll Records — Reasonable Inference Marchionda v. Industrial Board of Appeals of the State of New York, Dept. of Labor TP 13-02121 Transferred from Supreme Court, Monroe County Background: The petitioners commenced ...

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Fourth Department — Motor Vehicle Accident: Ruiz v. Cope

Appellate Division, Fourth Department Motor Vehicle Accident Police Vehicle — Reckless Disregard Ruiz v. Cope CA 13-00383 Appealed from Supreme Court, Onondaga County Background: The plaintiff commenced an action after her vehicle collided with a police department vehicle. The police ...

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Fourth Department — Uniformed Services Employment and Reemployment Rights Act: Wright v. City of Jamestown

Appellate Division, Fourth Department Uniformed Services Employment and Reemployment Rights Act Accrued Vacation Time — Compensatory Time Wright v. City of Jamestown CA 13-01728 Appealed from Supreme Court, Chautauqua County Background: The plaintiff, a police officer with the defendant city, ...

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Fourth Department — Labor Law: Bish v. Odell Farms Partnership

Appellate Division, Fourth Department Labor Law Covered Activity Bish v. Odell Farms Partnership CA 13-01811 Appealed from Supreme Court, Chautauqua County Background: The plaintiff, a cement truck driver, commenced a Labor Law action seeking damages for injuries he sustained while ...

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Fourth Department — Due Process — Property Interest: Henson v. City of Syracuse, et al.

Appellate Division, Fourth Department Due Process — Property Interest Towing Companies — Towing Lists Henson v. City of Syracuse, et al. CA 13-01812 Appealed from Supreme Court, Onondaga County Background: The petitioners commenced a CPLR article 78 proceeding seeking to ...

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Fourth Department — Dangerous Sex Offender: State of New York v. Bass

Appellate Division, Fourth Department Dangerous Sex Offender Hearsay Evidence — Reliable Records State of New York v. Bass CA 13-00211 Appealed from Supreme Court, Niagara County Background: The respondent appealed from an order finding that he is a dangerous sex ...

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Fourth Department — Damages: Reynolds v. State of New York

Appellate Division, Fourth Department Damages Future Medical Expenses — Proximate Cause Reynolds v. State of New York CA 13-00402 Appealed from Court of Claims Background: The claimant commenced an action seeking damages for injuries sustained when state troopers used excessive ...

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Fourth Department — Clean Water Act: U.S. Energy Development Corp. v. NYS Dpt. Of Environmental Conservation

Appellate Division, Fourth Department Clean Water Act Preemption — Writ of Prohibition U.S. Energy Development Corp. v. NYS Dpt. Of Environmental Conservation CA 13-01416 Appealed from Supreme Court, Erie County Background: The petitioner conducts oil and gas operations in Pennsylvania ...

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Fourth Department — Breach of Contract: Vital Crane Services v. James Micucci and Pollock Research and Design

Appellate Division, Fourth Department Breach of Contract Non-solicitation Clause — Tortious Interference Vital Crane Services v. James Micucci and Pollock Research and Design CA 13-01375 Appealed from Supreme Court, Niagara County Background: The parties are in the business of inspecting, ...

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Fourth Department — Slip and Fall: Rachlin v. Michaels Arts & Crafts

Appellate Division, Fourth Department Slip and Fall Summary Judgment — Constructive or Actual Knowledge Rachlin v. Michaels Arts & Crafts CA 13-01289 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action after being injured from a slip ...

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